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Lacedric W. Johnson v. D.K. Sisto

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


September 26, 2012

LACEDRIC W. JOHNSON, PLAINTIFF,
v.
D.K. SISTO, WARDEN, ET AL., DEFENDANTS.

ORDER

Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge as provided by 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

On May 8, 2012, the magistrate judge filed findings and recommendations, which were served on all parties and which contained notice to all parties that any objections to the findings and recommendations were to be filed within twenty-one days. Plaintiff has filed objections to the findings and recommendations.*fn1 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this court has conducted a de novo review of this case. Having careful reviewed the file, the court finds the findings and recommendations to be supported by the record and by the proper analysis.*fn2

Accordingly, IT IS HEREBY ORDERED that:

1. The findings and recommendations filed May 8, 2012, are adopted in full.

2. Defendant Noriega's January 27, 2012 motion to dismiss is granted in part, and denied in part as follows:

A. Defendant Noriega's motion to dismiss plaintiff's claim that defendant Noriega was deliberately indifferent to the blood in plaintiff's stool is granted; and

B. Defendant Noriega's motion to dismiss plaintiff's claim that defendant Noriega was deliberately indifferent to plaintiff's serious medical needs during the CSW is denied.

3. Defendant Noriega is ordered to file an answer within twenty-one days from the date of this order.


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